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MEMORANDUM 

DATE: April 9, 2014 

SUBJECT: Technical Support Document: Revisions to Alaska Administrative Code, Title 

18, Chapter 50 Air Quality Control (18 AAC 50) 

FROM: Donna Deneen, Air Planning Team 

 Kristin Hall, Air Planning Team 

THRU: Debra Suzuki, Unit Manager, Air Planning Unit 

TO: Docket File EPA-R10-OAR-2011-0916 

Table of Contents

I. Purpose 

II. Background 

III. Alaska SIP Revisions Submitted to the EPA 

A. Summary of Submittals 

 B. Key Changes to 18 AAC 50 

C. Proposed Action 

1. Provisions the EPA is Proposing to Approve and Incorporation by Reference 

2. Provisions the EPA is Proposing to Not Approve 

3. Provisions the EPA is Removing from the SIP or from Incorporation by 

Reference 

4. Provisions the EPA is Taking No Action On 

I. Purpose 

The purpose of this Technical Support Document (TSD) is to describe the substantive 

changes to the State of Alaska air quality regulations at Alaska Administrative Code, Title 

18, Chapter 50 Air Quality Control (18 AAC 50) and related statutes that have been 

submitted by the State as revisions to its State Implementation Plan (SIP), document our 

evaluation of how these provisions comply with the EPA’s minimum requirements for SIPs, 

and explain the basis for our proposed action.1

 Although Alaska’s rules have been amended 

in several separate State rulemakings since we last approved revisions to the Alaska SIP, this 

TSD does not discuss all of those individual amendments. Rather it discusses only the most 

 

1

Note that EPA is acting on the version of 18 AAC 50 in each submittal that is associated with the signed and 

certified Adoption Order and Filing Certificate for Permanent Regulations and is not acting on the version of 18 

AAC 50 in each submittal (tabbed as “Appx V 2.1(d)) that is described as “provided by the Department of 

Environmental Conservation as a public courtesy” and as a version that “the Department of Environmental 

Conservation cannot guarantee its absolute accuracy.” These “public courtesy” versions were used for 

informational purposes only. 
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recent amendment to any particular provision. This TSD describes how the current Alaska 

rules differ from the current SIP and why we believe the changes are approvable. 

II. Background

The EPA last approved major revisions to the State of Alaska air quality regulations at 18 

AAC 50 on August 14, 2007 (72 FR 45378) (“2007 action”). Since then, the Alaska 

Department of Environmental Conservation (ADEC) has submitted multiple revisions to 

these rules for SIP-approval. These Alaska submissions include rule changes to reflect 

revisions to air quality standards and area designations, updated Federal requirements 

adopted by reference in the Alaska SIP, revisions to Alaska’s permitting rules, and removal 

of provisions that are duplicated in other regulations. We approved or partially approved a 

number of these submissions on February 9, 2011 (76 FR 7116), October 22, 2012 (77 FR 

64425), May 9, 2013 (78 FR 27071), and February 14, 2013 (78 FR 10546). See below for a 

summary of the submissions evaluated in this document. 

III. Alaska SIP Revisions Submitted to the EPA 

A. Summary of Submittals 

Table 1 includes a list of each SIP submittal including the date of submittal, the rule 

provisions revised and submitted, the State rule adoption date, and the State rule effective 

date. Section III. B below provides a more detailed description of each submittal along with 

the EPA’s review and proposed action. 

Table 1: SIP Submittals addressed in this TSD 

Date on 

Letter 

Receipt 

Date 

(Submittal 

Date) 

Rule provisions in 

18 AAC 50 

revised and submitted 

State 

Adopted 

State 

Effective 

02/07/2008 02/13/2008 990 11/30/2007 12/20/2007 

12/8/2009 12/11/2009 015, 020, 030, 035, 040, 050, 

055, 215, 225, 306, 400, 502, 

508, 509, 540, 542, 544, 546, 

990 

6/25/2008 7/25/2008 

12/8/2009 12/11/2009 030, 035, 052, 345, 346, 544 10/10/2008 11/9/2008 

4/9/2010 4/14/2010 010, 030, 035, 215, 710, 715, 

720, 990 

3/2/2010 4/1/2010 

11/19/2010 11/29/2010 015, 040, 055, 225, 302, 306, 

346, 502, 508, 510, 540, 

542, 544, 990 

11/9/2010 12/9/2010 

10/17/2011 10/21/2011 010, 035, 215, 220, 326, 990 8/3/2011 9/17/2011 
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12/6/2012 12/10/2012 035, 040, 215, 220, 225, 302, 

345, 400, 540, 990 

8/15/2012 9/14/2012 

1/24/2013 1/28/2013 010, 020, 035, 040, 215, 306, 

502, 540, 542 

12/5/2012 1/4/2013 

It is important to note that some of the revisions submitted by Alaska are minor editorial 

changes such as corrections to cross-references, and changes to resolve internal regulation 

conflicts. We have not described minor editorial changes where they do not change the 

meaning of the rule. Section III.B below describes the key changes to 18 AAC 50 for each 

rule provision. 

B. Key Changes to 18 AAC 50

Article 1. Ambient Air Quality Management 

18 AAC 50.010 Ambient Air Quality Standards 

Summary 

Alaska revised 18 AAC 50.010 a number of times to update the State of Alaska 

ambient air quality standards. Specifically, Alaska revised this rule to align with 

changes to the 2006 fine particulate matter (PM2.5) NAAQS, 2008 lead (Pb) NAAQS, 

2010 sulfur dioxide (SO2) NAAQS, and 2010 nitrogen dioxide (NO2) NAAQS. 

Previously on October 22, 2012 (77 FR 64425), the EPA approved Alaska’s revision to 

this rule to align the State ozone ambient air quality standard with the revised 2008 

ozone NAAQS. 

Analysis 

The EPA is proposing to approve these revisions to align the Alaska ambient air quality 

standards with the Federal 2006 PM2.5 NAAQS, 2008 Pb NAAQS, 2010 SO2 NAAQS, 

and the 2010 NO2 NAAQS, promulgated in 40 CFR part 50. Because the submitted 

revisions are consistent with the Federal NAAQS, the EPA is proposing to approve 18 

AAC 50.010, except for paragraphs (7) and (8), which set State ambient air quality 

standards for reduced sulfur compounds and ammonia, respectively. Consistent with 

our previous action on August 14, 2007 (72 FR 45378), we are proposing to not 

approve (7) and (8) into the SIP because they establish State ambient air quality 

standards for reduced sulfur compounds and ammonia, are not NAAQS established 

under section 109 of the CAA, and the State has not relied on these provisions to 

demonstrate attainment or maintenance of the NAAQS or meet other specific 

requirements of section 110 of the CAA. 

18 AAC 50.015 Air Quality Designations, Classifications and Control Regions 

Summary 

Alaska added subparagraph (b)(3) to the rule to identify the PM2.5 nonattainment area 

for the Fairbanks and North Pole urban area. Alaska also added an Editor’s note to 

clarify that nonattainment and maintenance areas, air quality control regions, and the 
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Class I area boundaries can be found in the State’s Air Quality Control Plan and 40 

CFR part 81. 

Analysis 

The EPA is proposing to approve these revisions which update the Alaska SIP to 

include the most recently designated nonattainment area in the State. Although Alaska 

describes the nonattainment area as the “Fairbanks and North Pole urban area” while 40 

CFR part 81 describes the nonattainment area as “Fairbanks AK: AQCR 09 Northern 

Alaska Intrastate: Fairbanks North Star Borough (part),” the State’s reference to 

designation by the Federal administrator in 18 AAC 50.015(b) and its reference to 40 

CFR part 81 in the Editor’s note make clear that the State means the Federallydesignated nonattainment areas in 40 CFR part 81. Because the revisions in 18 AAC 

50.015 are consistent with the nonattainment area designations in 40 CFR part 81, these 

revisions are approvable. 

18 AAC 50.020 Baseline Dates and Maximum Allowable Increases 

Summary 

This provision specifies baseline dates and associated maximum allowable increases 

over minor source baseline concentrations for NO, SO2, PM10, and PM2.5. Alaska 

revised Table 2, “Baseline Dates,” to clarify that these are minor source baseline dates, 

added PM2.5 to the table, and revised the entry for the PM10 baseline date for Southeast 

Alaska Intra-state Air Quality Control Region. Alaska also revised paragraph (b) to 

clarify that the baseline dates are minor source baselines dates, and added subparagraph 

(b)(5) to clarify that a concentration for a particular pollutant is prohibited from 

exceeding the associated ambient air quality standard at 18 AAC 50.010. Alaska also 

revised Table 3, “Maximum Allowable Increases” by adding PM2.5 and the associated 

increments to the table. In addition, Alaska revised paragraph (e) to reference 40 CFR 

52.21(b)(13) for purposes of determining baseline concentrations within a baseline 

area, and removed the subparagraphs (e)(1) and (e)(2). Finally, a new paragraph (g) 

was added to define the meaning of the term “baseline area.” 

Analysis 

In 18 AAC 50.020 Table 2, the new baseline date entries for PM2.5 and the amended 

baseline date entry for PM10 in the Southeast Alaska Intra-state Air Quality Control 

Region are approvable because they clarify that the baseline dates will be determined 

using the already-established Federal definition for minor source baseline dates. The 

addition of 18AAC 50.020(b)(5) providing that a pollutant concentration is prohibited 

from exceeding the ambient air quality standard is approvable because it clarifies the 

limitation that concentrations above the ambient air quality standard are prohibited. 

Revisions to 18 AAC 50.020(e) are approvable, including the removal of (e)(1) and (2), 

because they clarify that baseline concentrations will be determined using the alreadyestablished provisions in 40 CFR 52.21(b)(13) to determine those concentrations. 

Finally, the addition of a new paragraph at 18 AAC 50.020(g) is approvable because it 

defines “baseline area” to be consistent with how baseline area is defined in 40 CFR 

52.21(b)(15). All of these revisions are clarifications and are consistent with the CAA 

and implementing provisions in 40 CFR part 52 and 81 and are therefore approvable. 
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18 AAC 50.030 State Air Quality Control Plan 

Summary 

The State’s submissions are codified as revisions to regulation 18 AAC 50.030, State 

Air Quality Control Plan. The submissions addressed in this action revise the 

appendices to the Air Quality Control Program (Volume III, 18 AAC 50 Air Quality 

Control) by amending 18 AAC 50.030. We are proposing to not approve the submitted 

revisions to 18 AAC 50.030 because the referenced documents that form the basis for 

the submissions are being individually approved in this action. The EPA takes action 

directly, as appropriate, on the specific provisions in the State Air Quality Control Plan 

that have been submitted by Alaska, so it is unnecessary for the EPA to approve 18 

AAC 50.030. 

18 AAC 50.035 Documents, Procedures, and Methods Adopted By Reference 

Summary 

This provision adopts by reference Alaska in situ burning guidelines, various Federal 

monitoring and modeling requirements and guidance, State title V application forms, in 

addition to Federal air quality standard reference and interpretation methods and 

procedures, and standard test methods. Alaska revised paragraphs (a) and (b) to update 

the citation dates of the adoption by reference of these provisions. Alaska also revised 

subparagraph (a)(6) to remove the department’s Summary Prepared by the Department 

of Environmental Conservation of Coastal Area Boundaries Approved by the Coastal 

Policy Council (CPC) for Coastal Resource Districts Excluded from the Portable Oil 

and Gas Operation Permit by Rule (18 AAC 50.390), as revised as of November 19, 

2002. In its place, Alaska added the adoption by reference of the department’s Title V 

Standard Application and Forms, revised as of March 2012, and the AERSCREEN 

User’s Guide, EPA 454/B-11-011, dated March 2011. 

Alaska revised paragraph (b) to adopt by reference new appendices to 40 CFR part 50, 

specifically, appendices G, L, N, Q, R, S, and T. In addition, the State repealed the 

adoption by reference of 40 CFR part 50, Appendix H, the “Interpretation of the 1-Hour 

Primary and Secondary NAAQS for Ozone.” 

Analysis 

Except for the adoption by reference of the department’s Title V Standard Application 

and Forms in subparagraph (a)(6), the EPA is proposing to approve the changes to this 

provision because the revisions update the Alaska SIP for the latest versions of 

documents adopted by reference, and adds several new Federal reference and 

interpretation methods required to implement new and revised NAAQS. In addition, 

the removal of the document related to coastal area boundaries is approvable because 

the rule that originally referenced the document (18 AAC 50.390) is not part of the 

Federally-approved SIP, and was repealed from the State regulations on October 1, 

2004. There is no other provision that refers to this document in the Alaska SIP. 
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The removal of the adoption by reference of 40 CFR part 50, Appendix H 

(Interpretation of the 1-Hour Primary and Secondary NAAQS for Ozone) is approvable 

because in 1997, the EPA revoked the 1-hour ozone standard. Alaska has no areas with 

continued obligations under the 1-hour ozone standard; therefore removal of this 

adoption by reference provision is appropriate. 

We are proposing to not approve subparagraph (a)(6) relating to the department’s Title 

V Standard Application and Forms because the provision implements requirements of 

title V of the CAA and not requirements of section 110 of title I of the CAA. 

Consistent with our previous action on the Alaska SIP (August 14, 2007, 72 FR 45378), 

we are proposing to not approve 18 AAC 50.035 (b)(4), which specify test methods 

related to 40 CFR part 63. This provision is inappropriate for SIP approval because it is 

not related to attainment or maintenance of the NAAQS or other specific requirements 

of section 110 of the CAA. 

18 AAC 50.040 Federal Standards Adopted By Reference 

Alaska adopts by reference various portions of the Federal regulations that have been 

codified in the Code of Federal Regulations (CFR). However, when a Federal 

regulation originally adopted by reference into 18 AAC 50 on a specific date is 

subsequently changed, the original adoption by reference in 18 AAC 50 becomes out of 

date and, in some cases, inconsistent with the revised version of the Federal regulation 

in the CFR. To avoid potential inconsistencies and keep 18 AAC 50 up to date with 

changes in Federal regulations, Alaska periodically submits a revision to its SIP that 

updates IBR citations to reflect any changes that have been made to the Federal 

regulations. The updated citations in 18 AAC 50.040 were submitted on December 11, 

2009, November 29, 2010, December 10, 2012, and January 28, 2013. 

The revisions submitted on December 11, 2009, November 29, 2010, December 10, 

2012, and January 28, 2013, update the most recent Federal regulation references in 18 

AAC 50.040. We are evaluating the most recently adopted and submitted provisions of 

18 AAC 50.040. Further action on the earlier adopted versions of these provisions 

included in the State’s submittals is not required because they are no longer in effect 

and have been superseded by the most recent version submitted by the State. The 

following provides a summary and analysis of the resulting revisions to paragraphs (a) 

through (j) of this section. 

18 AAC 50.040 (a), (b), (c), (d), (e), (g), and (j) 

Summary and Analysis 

These provisions contain emission standards for 40 CFR parts 60, 61, 62, 63, 70, 

71, and 82 sources. These types of provisions are inappropriate for SIP approval 

because these provisions implement other requirements of the CAA and Alaska 

is not relying on them to demonstrate attainment or maintenance of the NAAQS 

or to meet other requirements of section 110 of the CAA. The EPA is therefore 

proposing to not approve 18 AAC 50.040(a), (b), (c), (d), (e), (g), and (j)(1) 

through (8) because they are inappropriate for the EPA’s approval (see 72 FR 
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45378). The EPA proposes to not approve new subparagraph (j)(9) relating to 40 

CFR part 71 for the same reason. 

18 AAC 50.040 (f)

Summary and Analysis 

Alaska revised provisions in paragraph (f) to update the adoption by reference 

date for 40 CFR part 51, Appendix W, Guidelines on Air Quality Models, 

revised as of July 1, 2011. The EPA is proposing to approve this revision to 

update the adoption by reference of these Federal air quality modeling 

guidelines. 

18 AAC 50.040 (h) 

Summary and Analysis 

Alaska revised paragraph (h) to adopt by reference specific provisions of 40 CFR 

51.166 and 40 CFR part 52 as revised as of July 1, 2011 to implement its 

“Prevention of Significant Deterioration” (PSD) permitting program. 

Subparagraph (4)(B)(vi) related to the definition of “fugitive emissions” was 

repealed by the State on January 4, 2013, resulting in Alaska’s adoption by 

reference of the Federal definition of fugitive emissions at 40 CFR 52.21(b)(20). 

Similarly, the removal of the definition of “regulated NSR pollutant” in 

subparagraph (4)(C) results in the State’s adoption by reference of the Federal 

definition of “regulated NSR pollutant” at 52.21(b)(50). These changes are 

consistent with CAA requirements. 

Subparagraph (4)(D) was added to state that the Federal definition of “baseline 

area” at 40 CFR 52.21(b)(15) is not adopted and the term defined in that 

provision has the meaning given in 18 AAC 50.020(g). 18 AAC 50.020(g) 

identifies the baseline areas for the State of Alaska. Both the definition and 

identified areas in 18 AAC 50.020(g) are consistent with the Federal definition 

of “baseline area” in 40 CFR 52.21(b)(15). 

Subparagraph (5) relating to Ambient Air Ceilings was repealed on January 4, 

2013. The requirement that the maximum allowable concentration may not 

exceed the NAAQS is adequately addressed in 18 AAC 50.020(b)(5). 

Alaska’s revisions to subparagraphs (7) and (9) adopt by reference 40 CFR 

52.21(i) (relating to the significant monitoring concentration (SMC)) and 40 

CFR 52.21(k) (relating to the significant impact level (SIL)), as of July 1, 2011. 

Both adopted-by-reference provisions were revised in the EPA’s 2010 PSD 

PM2.5 Implementation Rule (October 20, 2010, 75 FR 64864). However these 

provisions are impacted by a recent court decision and subsequent EPA 

regulatory revisions. On January 22, 2013, the U.S. Court of Appeals for the 

District of Columbia, in Sierra Club v. EPA, 703 F.3d 458 (D.C. Cir. 2013), 

issued, with respect to the SMC, a judgment that, inter alia, vacated the 

provisions of the EPA’s 2010 PSD PM2.5 Implementation Rule adding the PM2.5

SMC to the Federal regulations at 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In its 
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decision, the court held that the EPA did not have the authority to use SMCs to 

exempt permit applicants from the statutory requirement in section 165(e)(2) of 

the CAA that ambient monitoring data for PM2.5 be included in all PSD permit 

applications. Thus, although the PM2.5 SMC was not a required element of a 

State’s PSD program, where a state PSD program contains such a provision and 

allows issuance of new permits without requiring ambient PM2.5 monitoring data, 

such application of the vacated SMC would be inconsistent with the court’s 

opinion and the requirements of section 165(e)(2) of the CAA. 

At the EPA’s request, the decision also vacated and remanded to the EPA for 

further consideration the portions of the 2010 PSD PM2.5 Implementation Rule 

that revised 40 CFR 51.166 and 40 CFR 52.21 related to SILs for PM2.5. The 

EPA requested this vacatur and remand of two of the three provisions in the EPA 

regulations that contain SILs for PM2.5, because the wording of these two SIL 

provisions (40 CFR 51.166(k)(2) and 40 CFR 52.21(k)(2)) is inconsistent with 

the explanation of when and how SILs should be used by permitting authorities 

that we provided in the preamble to the Federal Register publication when we 

promulgated these provisions. The third SIL provision (40 CFR 51.165(b)(2)) 

was not vacated and remains in effect. In addition, the court’s decision does not 

affect the PSD increments for PM2.5 promulgated as part of the 2010 PSD PM2.5 

Implementation Rule. 

The EPA recently amended its regulations to remove the vacated PM2.5 SILs and 

SMC provisions from the PSD regulations (December 9, 2013, 78 FR 73698). 

The EPA will initiate a separate rulemaking in the future regarding the PM2.5 

SILs that will address the Court’s remand. In the meantime, the EPA is advising 

states to begin preparations to remove the vacated provisions from state PSD 

regulations. 

Consistent with the vacatur and repeal or revision of the EPA regulations as they 

relate to the PM2.5 SMC and the PM2.5 SILs, Alaska has submitted a letter dated 

February 12, 2014, withdrawing the PM2.5 SIL provisions found in 40 CFR 

52.21(k)(2) and the PM2.5 SMC provisions found in 40 CFR 52.21(i)(5)(i)(c). A 

copy of Alaska’s letter is in the docket for this action. Although these provisions 

remain in effect as a matter of State law, Alaska has confirmed that it will not 

apply either the PM2.5 SMC provisions at 40 C.F.R. 51.166(i)(5)(i)(c) and 52.21 

(i)(5)(i)(c) or the PM2.5 SILs provisions at 40 CFR 51.166(k)(2) and 52.21(k)(2) 

in implementing its PSD program. In addition, the February 12, 2014 letter 

states that Alaska intends to remove the vacated provisions to ensure consistency 

with Federal law. Because Alaska has withdrawn the PM2.5 SILs and SMC 

provisions in 18 AAC 50.040(h)(7) and (9) from its SIP submissions, the EPA’s 

approval of 18 AAC 50.040(h)(7) and (9) does not include the PM2.5 SILs and 

SMC. 

Alaska repealed the provisions in subparagraphs (17), (18) and (19) that related 

to “clean units” and the pollution control projects exclusion. The comparable 

Federal provisions were initially vacated by a court and then repealed by the 
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EPA and are now also no longer in effect as a matter of State law. Repeal of 

these provisions does not affect the SIP because the EPA had not approved these 

provisions into the SIP. 

Subparagraph (20) was revised to add exceptions to “Actuals PALs” adopted by 

reference in 40 CFR 52.21(aa). Specifically, Alaska added an exception at 

(20)(A) that mass balance calculations, as authorized under 40 CFR 

52.21(aa)(12)(ii)(a), are also acceptable for activities emitting SO2 from the 

combustion of fuel to the extent otherwise available for activities using coatings 

or solvents. This includes the requirement that the emission unit is assumed to 

emit all of the sulfur in the fuel as SO2. Alaska also added subparagraph (20)(B) 

which applies the monitoring requirements of 40 CFR 52.21(aa)(12)(iii) to 

owners or operators using mass balance calculations to monitor plantwide 

applicability limitation (PAL) pollutant emissions from activities emitting SO2

from the combustion of fuel. These provisions are approvable because they are 

an appropriate method of determining compliance with a PAL for the narrow 

activity added by ADEC’s rules. 

Alaska added subparagraph (21) to adopt by reference 40 CFR 52.22 

Enforceable Commitments for Further Actions Addressing the Pollutant 

Greenhouse Gases (GHGs)). This provision is inappropriate for SIP approval 

because it is related to a Federal commitment that is not applicable to the State. 

The EPA is therefore proposing to not approve subparagraph (21). 

In summary, the EPA is proposing to approve the revisions to 18 AAC 50.040(h) 

except for subparagraph (21). We are not taking action on subparagraphs (7) and 

(9) because these provisions were withdrawn by the State. 

18 AAC 50.040 (i) 

Summary and Analysis 

The state submitted revisions to 18 AAC 50.040(i) in its December 11, 2009, 

November 9, 2010, December 10, 2012, and January 28, 2013 submittals. The 

EPA is not addressing these revisions in this action to give Alaska the 

opportunity to revise its definition of “regulated NSR pollutant” for 

nonattainment areas in 18 AAC 50.040(i)(1)(B)(i). In a letter dated February 11, 

2014, Alaska stated that it intends to propose revisions to the appropriate 

sections of 18 AAC 50 to update the “regulated NSR pollutant” definition to 

adopt the additional aspects provided under 40 CFR 51.165(a)(1)((xxxvii) and to 

begin the public notice and comment process at the first opportunity. The EPA 

understands the state has already commenced a rulemaking to revise the 

definition of regulated NSR pollutant. In light of the commencement of that 

rulemaking, we are not taking action on Alaska’s submitted revisions to 18 AAC 

50.040(i) at this time, but will take action on the revisions at a later date. 

18 AAC 50.040(k) 

Summary and Analysis 
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Alaska added new paragraph (k) adopting by reference the provisions of 40 

CFR part 64 to the extent they apply to title V sources. This provision 

implements requirements of 40 CFR parts 64 and 71 and not the requirements of 

section 110 of the CAA. In the absence of a specific request from Alaska that 

this provision be included in the SIP, the EPA is proposing to not approve this 

provision. 

18 AAC 50.050 Incinerator Emission Standards. 

 

Summary and Analysis 

The EPA is proposing to approve the minor edits to this provision which revise 

references to “CO2” to read “carbon dioxide.” 

18 AAC 50.052 Emission Standards for Certain Municipal Solid Waste Landfills. 

Summary and Analysis 

Alaska submitted repealed 18 AAC 50.052 to the EPA for approval. Because this 

provision was not previously approved into the Federally-approved SIP, it is 

unnecessary to approve this repeal. 

18 AAC 50.055 Industrial Processes and Fuel-Burning Equipment. 

Summary and Analysis 

The language in 18 AAC 50.055(a)(9) was reworded to more clearly state that this 

provision only applies to coal burning boilers. Because the rewording is to improve the 

readability of this subparagraph and does not change the meaning, this revised 

provision is approvable. 

In subparagraph (a)(9)(D) the term “facility” was replaced by the more specific term 

“stationary source.” This revision is approvable because it clarifies that a Federallyapproved source-specific SIP revision is necessary to change the applicable opacity 

limit at a stationary source located at a facility. 

Consistent with our 2007 action we are proposing to not approve subparagraph 

(d)(2)(B) of this provision which contains emissions standards for hydrogen sulfide (72 

FR 45378). This subparagraph is inappropriate for SIP approval because it is not 

related to attainment or maintenance of the NAAQS or other specific requirements of 

section 110 of the CAA. 

Article 2. Program Administration 

18 AAC 50.215 Ambient Analysis Methods 

Summary 

This provision regulates the appropriate methods and requirements for ambient air 

quality analysis. Alaska updated the reference in subparagraph (a)(1) to the Alaska 

Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality 
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Assurance Program, adopted by reference in 18 AAC 50.030, and added PM2.5 and 

ozone as pollutants covered by this plan. In addition, Alaska added subparagraph (a)(3) 

to reference the EPA’s Meteorological Monitoring Guidance for Regulatory Modeling 

Applications, adopted by reference in 18 AAC 50.035(a). 

Alaska renumbered what was previously subparagraph (a)(3) to (a)(4). What is now 

subparagraph (a)(4) was previously added to allow ADEC to approve alternative 

reference test methods for collecting ambient monitoring data. In our 2007 action the 

EPA did not approve this provision because it provides for unbounded director’s 

discretion (72 FR 45378). Consistent with our 2007 action, we are proposing to not 

approve subparagraph (a)(4) in this action. See also 78 FR 12460, 12485-86 (February 

22, 2013). 

Alaska clarified the reference in subparagraph (b)(1) to 40 CFR part 51, Appendix W, 

Guidelines on Air Quality Models, adopted by reference in 18 AAC 50.040(f). In 

subparagraph (b)(2), ADEC replaced the reference to 18 AAC 50.020(b)(2) (relating to 

maximum allowable increases in Class I, II and III areas) with the more general 

reference to 18 AAC 50.020 (relating to baseline dates and maximum allowable 

increases, in general). Alaska also clarified subparagraph (b)(2)(B) by referencing 40 

CFR 51.166(f), adopted by reference in 18 AAC 50.040. 

Alaska revised paragraph (c) to clarify that the provisions in paragraph (c) relating to 

substituted or modified models apply to refined air quality models. Subparagraph (c)(1) 

and (2) were removed and replaced with a provision requiring the specific use of 40 

CFR Part 51, Appendix W, for alternative air quality model demonstrations. 

Subparagraph (c)(3) was renumbered to (c)(2) and revised to clarify that approval is 

required by the EPA Regional Administrator. 

Paragraph (d) was revised to detail how the comparison of a modeled impact to the 

SILs is conducted. Table 5 was revised to include revised SILs for the SO2, PM2.5 and 

NO2 NAAQS. However, in a letter dated February 12, 2014, Alaska withdrew the 

revisions to paragraph (d) and Table 5 related to the court remand of Federal provisions 

related to PM2.5 SILs and EPA’s subsequent repeal of those provisions, as described 

above. 

Finally, Alaska added paragraph (e) to allow for the use of the AERSCREEN 

dispersion model for estimating the ambient impacts from offshore sources consistent 

with section 4.2.1 of 40 CFR part 51, Appendix W. 

Analysis 

The EPA is proposing to approve the revision to 18 AAC 50.215(a)(1) because it 

updates the Alaska Quality Assurance Project Plan for the new PM2.5 and ozone 

NAAQS. The EPA is also proposing to approve the revisions to 18 AAC 50.215 (a)(3) 

and (b)(1) because they bring the Alaska SIP up to date with Federal requirements for 

ambient air monitoring. 
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The EPA is proposing to approve in subparagraph (b)(2) the replacement of 18 AAC 

50.020(b)(2) (relating to maximum allowable increases) with a more general reference 

to 18 AAC 50.020 that appropriately includes the other provisions and tables in 18 

AAC 50.020 related to maximum allowable increases. In addition, we are proposing to 

approve the revision to 18 AAC 50.215(b)(2)(B) because it clarifies and replaces 

Alaska’s existing increment consumption exclusion language with a direct reference to 

40 CFR 51.166(f), which allows for those exclusions. 

The EPA is proposing to approve 18 AAC 50.215(c), (c)(1), and (c)(2) because these 

provisions clarify the requirements for alternative air quality models within the EPA’s 

guidelines for alternative models in 40 CFR part 51, Appendix W. Finally, the EPA is 

proposing to approve paragraph (e) to allow for the use of the AERSCREEN dispersion 

model as an allowed screening technique for onshore sources consistent with section 

4.2.1 of 40 CFR part 51, Appendix W. 

As explained above in the discussion of 18 AAC 50.040 (h), because 40 CFR 

51.166(k)(2) and 40 CFR 52.21(k)(2) relating to SILs were vacated by the U.S. Court 

of Appeals for the District of Columbia and subsequently repealed by the EPA, Alaska 

withdrew the revisions to paragraph (d) submitted on October 21, 2011, December 10, 

2012 and January 28, 2013, which update the SILs table and associated SIL-related 

requirements. 

Consistent with our 2007 action on the Alaska SIP, the EPA is proposing to not 

approve subparagraph (a)(4), which authorizes ADEC to approve any alternative 

method that ADEC determines is “representative, accurate, verifiable, capable of 

replication.” In essence, this subparagraph allows ADEC to modify requirements relied 

on to attain and maintain the NAAQS without a SIP revision. For additional 

discussion, see the TSD for our previous action on August 14, 2007 (72 FR 45378). See 

also 78 FR 12460, 12485-86 (Feb. 22, 2013) 

18 AAC 50.220 Enforceable Test Methods 

Summary 

In 18 AAC 50.220, Alaska revised subparagraph (c)(1)(F) to reference the source 

testing procedures for PM2.5 at 40 CFR part 51, Appendix M. Alaska also revised 

subparagraph 50.220(c)(3) relating to standard exhaust gas volumes to replace the term 

“source” with “emission unit.” 

Analysis 

The EPA is proposing to approve the change in subparagraph 18 AAC 50.220(c)(1)(F) 

because it updates the Alaska SIP to properly reference the source testing procedures 

for PM2.5 at 40 CFR part 51, Appendix M, adopted by reference in 18 AAC 50.035. 

The EPA is proposing to approve the use of the term “emission unit” to be consistent 

with the use of the term “emission unit” elsewhere in 18 AAC 50. 

Subparagraph (c)(2) of 18 AAC 50.220 authorizes ADEC to approve the use of an 

alternative method using the procedure specified in 40 CFR part 63, appendix A, 
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method 301. In essence, subparagraph (c)(2) authorizes ADEC to issue variances from 

regulatory requirements, including SIP, NSPS, and NESHAP requirements. Consistent 

with our August 14, 2007 action on the Alaska SIP, the EPA is proposing to not 

approve subparagraph (c)(2), which in essence allows ADEC to modify requirements 

relied on to attain and maintain the NAAQS without a SIP revision (72 FR 45378). See 

also 78 FR 12460, 12485-86 (Feb. 22, 2013). In addition, under the authority of CAA 

section 110(k)(6), the EPA is removing from the SIP 18 AAC 50.220(c)(1)(A), (B) and 

(C), which relate to NSPS, NESHAPS, and NESHAPS for source categories. These 

provisions relate to test methods for CAA requirements that are not part of the SIP and 

implement other provisions of the CAA. In summary, the EPA is proposing to approve 

18 AAC 50.220 “Enforceable Test Methods,” except (A), (B) and (C) in subparagraph 

(c)(1), and all of subparagraph (c)(2). 

18 AAC 50.225 Owner-Requested Limits 

Summary 

The provisions in 18 AAC 50.225 are a mechanism for establishing source-specific 

Federally-enforceable limitations that restrict a source’s allowable emissions or 

potential to emit air pollutants. 18 AAC 50.225 creates an approval process that is 

independent of the construction and operating permit programs. With this Federallyenforceable limitation in place, a source may be able to avoid all permitting obligations 

under AS 46.14.130. 

Alaska has revised paragraph (a) to clarify that a source may request an enforceable 

limit to avoid all permitting obligations in AS 46.14.130 “Stationary Sources Requiring 

Permits.” Alaska also added subparagraph (b)(7) to clarify that if applying all limits 

does not avoid all permit classifications under AS 46.14 and 18 AAC 50, then the 

owner or operator shall also submit a description, and if necessary, an application for 

the remaining classifications. In addition, Alaska added a requirement in 18 AAC 

50.225(i) that requires the owner or operator for a stationary source that already has one 

or more limits approved under this section and is applying for a new limit to provide a 

copy of all the existing limits. 

Analysis 

The EPA is proposing to approve the revisions to 18 AAC 50.225(a) and 18 AAC 

50.225(b)(7) because they simply clarify what can be requested and what needs to be 

submitted and do not change the existing requirements for establishing source-specific 

limitations under this section. We are also proposing to approve the provision in 18 

AAC 50.225(i) because it provides for the submission of certain information to the 

State and clarifies Alaska’s process and effective date, but does not change the existing 

requirements for establishing source-specific limitations under this section. 

Article 3. Major Stationary Source Permits 

18 AAC 50.302 Construction Permits 

Summary and Analysis 
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Article 3, Major Stationary Source Permits, contains Alaska’s major NSR program, 

including PSD at 18 AAC 50.306 and nonattainment NSR at 18 AAC 50.311. The 

State added paragraph (c) of 18 AAC 50.302 to clarify that a subsequent revision to a 

title V permit term or condition that is solely necessary to meet a title V requirement, 

but was associated with an integrated review conducted under 18 AAC 50.306(c)(3), 

may be processed through the title V operating permit amendment or modification 

provisions of 18 AAC 50.326. The EPA is proposing to approve this new provision 

because it is appropriate and consistent with the CAA for revisions made solely for title 

V purposes to be revised using the title V amendment or modification provisions. 

Under the authority of CAA section 110(k)(6), the EPA is removing from the SIP 

subparagraph (a)(3), which relates to major sources of hazardous air pollutants. This 

provision implements other requirements of the CAA and the State has not relied on it 

to demonstrate attainment or maintenance of the NAAQS or meet other specific 

requirements of section 110 of the CAA. 

18 AAC 50.306 Prevention of Significant Deterioration (PSD) Permits 

Summary 

Alaska’s PSD program was originally approved into the SIP by the EPA on July 5, 

1983, and has been revised several times since the original approval. The most recent 

major revision to Alaska’s PSD program, including NSR reform, was approved by the 

EPA on August 14, 2007 (72 FR 45378). Alaska’s PSD rules essentially adopt by 

reference the PSD rules in 40 CFR 52.21, with a few exceptions. In general, Alaska 

chooses to adopt by reference the Federal PSD rules in 40 CFR 52.21 rather than the 

comparable provisions in 40 CFR 51.166, which set forth what is required in a State’s 

plan, because 40 CFR 52.21 is written to directly state the requirements of an owner or 

operator. 

In some cases, Alaska adopted provisions of 40 CFR 51.166 rather than the comparable 

provisions of 40 CFR 52.21 because 40 CFR 51.166 was a better fit for a SIP-approved 

PSD program. 

Alaska revised paragraph (b) relating to exceptions to 40 CFR 52.21. The definition of 

administrator in subparagraph (b)(1) was revised to clarify that the term administrator 

in 40 CFR 52.21(b)(48)(ii)(c) (referencing the administrator’s promulgation of 40 CFR 

Part 63) and in 52.21(i)(1)(x) (referencing the administrator’s determination of 

application completion for sources or modifications before July 31, 1987) means the 

“federal administrator” and not the “department.” Also the definition of administrator 

was revised to no longer reference 40 CFR 52.21(y)(7), which is a provision that no 

longer exists. Other revisions to subparagraph (b)(1) include the definition of “national 

ambient air quality standard,” which Alaska revised to mean “an ambient air quality 

standard set out in 18 AAC 50.010 for this state” and “ambient air increment” or 

“maximum allowable increase,” which Alaska revised to mean a maximum allowable 

increase calculated as described in 18 AAC 50.020. 
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Alaska also added language at subparagraph (b)(2) to clarify that exclusions from 

increment consumption apply to the maximum extent allowed under 18 AAC 

50.215(b)(2). In subparagraph (b)(3), Alaska replaced the PM2.5 transition date of “July 

15, 2008” in 40 CFR 52.21(i)(1)(xi) with “December 9, 2010.” 

 

Analysis 

We propose to approve in subparagraph (b)(1) the references to 52.21(b)(48)(ii)(c) and 

52.21(i)(1)(x) in the definition of administrator. In both cases, the term administrator is 

now properly defined as the federal administrator. We also propose to approve the 

removal of the reference to 40 CFR 52.21(y)(7), which was a clean unit and pollution 

control project provision that has been repealed by the EPA. 

We are proposing to approve the definition of “national ambient air quality standard” 

because the referred-to ambient air quality standards in 18 AAC 50.010 align with the 

Federal 2006 PM2.5 NAAQS, 2008 ozone NAAQS, 2008 Pb NAAQS, 2010 SO2 

NAAQS, and the 2010 NO2 NAAQS in 40 CFR part 50. The EPA’s understanding is 

that the previous reference to “national ambient air quality standard” in this provision 

referred to the NAAQS as last adopted by reference by ADEC so that the change in 

reference from “national ambient air quality standard” to “ambient air quality standards 

in 18 AAC 50.010” is not a substantive change. It will remain important for ADEC to 

revise 18 AAC 50.010 promptly after EPA revisions to the NAAQS so that its PSD 

program continues to meet EPA requirements. 

The EPA proposes to approve in subparagraph (b)(1)(C) the definition of “ambient air 

increment” or “maximum allowable increase” because it appropriately refers to the 

established maximum allowance increases that Alaska has set out in Table 3 of 18 AAC 

50.020(b). The exclusion provision previously in subparagraph (b)(4) that refers to 40 

CFR 51.166(f) was renumbered to subparagraph (b)(2) and is approvable because it 

continues to cite 40 CFR 51.166(f) (through 18 AAC 50.215(b)(2)) with no changes. 

The EPA is proposing to approve revised subparagraph (b)(3), which sets December 9, 

2010, as the transition date for PM2.5-related permit requirements, This date 

appropriately coincides with the State’s effective date of this provision, and occurs 

before May 16, 2011 as discussed in a Federal Register publication related to the 

EPA’s 1997 PM10 Surrogate Policy published on May 18, 2011 (76 FR 28646). 

18 AAC 50.326 Title V Operating Permits 

Summary and Analysis 

Alaska submitted 18 AAC 50.326 (e) adopting a new emission rate basis for 

greenhouse gases for title V operating permits. We are proposing to not approve this 

paragraph because the provision implements requirements of title V of the CAA and 

not requirements of section 110 of title I of the CAA. 

18 AAC 50.345 Construction, Minor and Operating Permits: Standard Permit 

Conditions 
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Summary 

This provision sets forth Standard Permit Conditions that ADEC will include in 

operating permits and may include in construction permits. Paragraphs (a), 

subparagraphs (c)(1) and (c)(2), and paragraphs (d) through (o) were submitted by 

Alaska and approved into the SIP on August 14, 2007 (72 FR 45378). Paragraph (b) 

and subparagraph (c)(3) were not submitted because they apply to title V permits and 

do not relate to the SIP. In addition, the EPA did not approve paragraph (l) because, 

although it is appropriately limited to source test deadlines established by ADEC, it 

would allow permit terms to be changed without a permit revision. For additional 

discussion of the basis for these decisions, see the EPA’s August 14, 2007 final action 

on the previous version of this provision and the accompanying January 26, 2007 TSD 

(72 FR 45378). 

Since the 2007 action, Alaska revised paragraph (a) to extend the use of standard permit 

conditions to minor permits. Alaska also revised paragraph (j) to clarify what 

documents are to be certified upon submittal to the department. Finally, in 18 AAC 

50.345(m), the term “source” is replaced by the term “emission unit” with respect to 

source tests. 

Analysis 

The EPA is proposing to approve the revisions to this section. We are proposing to 

approve 18 AAC 50.345 “Construction and Operating Permits: Standard Permit 

Conditions,” except that the EPA is proposing to not approve paragraph (l). Consistent 

with our 2007 action, we are proposing to not approve paragraph (l) of 18 AAC 50.345 

because it gives ADEC unbounded discretion to change the source testing requirements 

of a Federally-enforceable permit without revising the permit (72 FR 45378). See also 

78 FR 12460, 12485-86 (February 22, 2013). 

We are proposing to approve the changes to the heading and revision to paragraph (a) 

to extend the use of standard permit conditions to minor permits. When this section 

was previously adopted, the minor permit program had not been developed and 

therefore the section did not provide for the use of standard conditions in minor 

permits. This section now appropriately allows for the use of standard conditions for 

minor permits. The EPA proposes to approve paragraph (j) because it more specifically 

refers to the documents that need to be certified and is based on the compliance 

certification language of part 70. See 40 CFR 70.5(d). We are proposing to approve in 

paragraph (m) the use of the term “emission unit” instead of “source” because it is 

consistent with the use of the term “emission unit” elsewhere in 18 AAC 50 and 

clarifies the level of detail required for a complete source plan. 

18 AAC 50.346 Construction and Operating Permits: Other Permit Conditions 

Summary and Analysis: 

This section contains additional Standard Permit Conditions that ADEC is required to 

include in operating permits and, in some cases, construction permits unless ADEC 

determines that emission unit-specific or stationary source-specific conditions more 
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adequately meet the requirements of 18 AAC 50 or that no comparable condition is 

appropriate for the stationary source or emission unit. 

Alaska submitted revisions to paragraphs (a), (b) and (c). Consistent with our previous 

action on August 14, 2007 (72 FR 45378) we are proposing to not approve 18 AAC 

50.346(a) because this provision only requires corrective action after the permittee or 

ADEC determines a violation has occurred and thus cannot be construed as monitoring 

to assure compliance. 

We are proposing to not approve paragraphs (b) and (c) because the provision 

implements requirements of title V of the CAA and not requirements of section 110 of 

title I of the CAA. 

 

Article 4. User Fees 

18 AAC 50.400 Permit Administration Fees 

Summary and Analysis 

This section contains permit administration fees. Alaska submitted revisions to 

paragraphs (a), (e), (g), (h), and (i), subparagraphs (j)(19) and (20), and paragraph (m). 

The EPA proposes to approve the fee provisions in paragraphs (e), (g), (h), and (i), and 

subparagraphs (j)(19) and (20) because these provisions relate to fees for SIP 

requirements. We are proposing to not approve paragraph (a) because the provision 

implements requirements of title V of the CAA and not requirements of section 110 of 

title I of the CAA. It is not necessary to act on paragraph (m), which was repealed, 

because that provision is not currently in the Federally-approved SIP. 

Article 5. Minor Permits 

18 AAC 50.502 Minor Permits for Air Quality Protection 

Summary 

The EPA’s regulations require all SIPs to contain legally enforceable procedures to 

ensure that construction or modification of a stationary source will not cause a violation 

of a NAAQS or any applicable portions of the control strategy. 40 CFR 51.160(a). For 

major stationary sources and major modifications to major stationary sources, the PSD 

and major NNSR programs satisfy this requirement. States are also required to have 

new source review programs for minor sources meeting the requirements of 40 CFR 

51.160-51.164. 

Alaska's minor NSR program was originally approved into the SIP by the EPA on July 

5, 1983. In its December 8, 2009, November 19, 2010, and January 28, 2013, 

submittals, Alaska submitted the following changes to its minor NSR rules in the 

Federal SIP: 

 With respect to the requirement to obtain a minor permit in paragraph (c): 
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- the terms “commencing construction” and “commencing relocation” were 

replaced with “beginning actual construction,” “beginning relocation,” and 

“beginning a physical change,” in subparagraphs (c)(1), (2), and (3); 

- a new potential to emit threshold for direct PM2.5 emissions was set at 10 TPY 

for direct PM2.5 emissions in subparagraphs (c)(1)(F) and (c)(3)(A)(v); and 

- a new actual emission and net emission increase threshold was set at 10 TPY 

of direct PM2.5 emissions in subparagraph (c)(3)(B)(vi). 

 In paragraph (e), relating to how actual emissions are calculated, an edit was 

made to specifically refer to the actual emissions provision in subparagraph 

(c)(3)(B). 

 In paragraph (g), relating to PALs, a change was made to clarify that the Federal 

PAL requirements in 40 CFR 52.21(aa) are adopted by reference in 18 AAC 

50.040. 

 Paragraph (i) was added to clarify that fugitive emissions are not included for 

purposes of determining if a minor permit is required, unless the source belongs to 

certain stationary source categories identified in 18 AAC 50.502(i). 

Analysis 

The EPA is proposing to approve subparagraphs (c)(1), (2), and (3), which have been 

revised to appropriately refer to “beginning actual construction,” “beginning 

relocation,” and “beginning a physical change to or a change in operation.” Previous 

subparagraph (c)(1) required an owner or operator to obtain a minor permit before 

commencing construction, which corresponded generally to a date that occurred before 

actual construction began. The CAA, however, does not require a state to tie the 

obligation to obtain a minor permit to the commence construction date or to a date that 

occurs before actual construction begins. Alaska has accordingly changed the 

requirement to obligate a source to obtain a minor permit before “beginning actual 

construction” consistent with the CAA and is approvable. In subparagraph (c)(2), the 

term “beginning actual” is added to clarify a minor permit must be obtained before 

beginning actual construction, and in subparagraph (c)(3), the term “beginning” is 

added to clarify that a minor permit must be obtained before beginning a physical 

change to or a change in the method of operation. These changes to subparagraphs 

(c)(1), (2) and (3) are all consistent with the CAA and are approvable. 

Subparagraphs (c)(1)(F), (c)(3)(A)(v) and (c)(3)(B)(v) establish the PM2.5 thresholds 

for determining whether the owner or operator of a stationary source must obtain a 

minor permit for PM2.5. These new provisions strengthen the SIP by requiring PM2.5 

stationary sources above the specified thresholds to obtain a minor permit. These 

provisions are consistent with the Federal requirements in 40 CFR 51.160 through 164 

and are approvable. We are proposing to approve 50.502(e), (g), and (i) because they 

are consistent with CAA requirements and are clarifications to existing Federallyapproved rules. 

18 AAC 50.508 Minor Permits Requested by the Owner or Operator 

Summary 
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This provision allows ADEC to issue a minor permit if requested by the owner or 

operator to: 

 Establish a PAL. 

 Establish a limit to provide offsetting emissions to allow construction of a major 

source, major modification, or major PAL modification in a nonattainment area. 

 Establish an owner-requested limit to allow a stationary source to avoid a 

classification as a major or minor source. 

 Revise or rescind existing permit conditions in a title I permit 

Alaska clarified in paragraph (5) when an owner-requested limit may be established 

and in paragraph (6) an exception for revising or rescinding terms in a minor permit if 

they are solely necessary for a title V permit. 

 

Analysis 

The EPA is proposing to approve the re-wording of paragraph (5) as a clarification to 

the existing Federally-approved SIP. We are also proposing to approve a revision to 

paragraph (6) that refers to 18 AAC 50.510, which appropriately clarifies that a term in 

a minor permit solely necessary for a title V permit can be revised through the title V 

permit process. 

Alaska repealed paragraphs (1) and (2) related to clean unit and pollution control 

project exclusion provisions. The repeal of these provisions is consistent with the 

EPA’s repeal of these provisions as part of the major source permitting programs. 

18 AAC 50.509 Construction of a Pollution Control Project Without a Permit 

Summary and Analysis 

Alaska submitted repealed 18 AAC 50.509 to the EPA for approval. Because this 

provision was not previously approved into the Federally-approved SIP, it is 

unnecessary to approve this repeal. 

18 AAC 50.510 Minor Permit – Title V Permit Interface 

Summary and Analysis 

Newly added 18 AAC 50.510 provides that certain terms or conditions established in a 

minor permit under 18 AAC 50.542 solely for title V purposes can be revised through 

the applicable title V revision process. The EPA is proposing to approve this provision 

because it makes permit terms established in a minor permit solely under the authority 

of title V subject to the title V permit revision provisions. 

18 AAC 50.540 Minor Permit: Application 

Summary 

This provision contains application requirements for each classification of minor 

permits. The section identifies what an applicant must submit by citing a Federal 

regulation where the required information is listed, describing what the applicant must 
20 of 29

show, or citing an applicable form. The forms specify the required information. The 

purpose of each form is to allow ADEC to make a determination considering the 

approval criteria given in the permit review and issuance section (18 AAC 50.542). 

Alaska revised subparagraph (c)(2) to reference the ambient air quality analysis 

methods in 18 AAC 50.215(b) through (e) for making demonstrations that proposed 

potential emissions will not interfere with the attainment or maintenance of the ambient 

air quality standards at 18 AAC 50.010, except to the extent that a NO2 exemption in 

paragraph (l) applies. Alaska also updated subparagraph (c)(2)(B) to include the need 

for a PM2.5 ambient analysis for portable oil and gas operations. 

In addition, Alaska revised paragraph (d) to clarify that this paragraph relates to carbon 

monoxide nonattainment areas and not nonattainment areas for other pollutants. 

Alaska also repealed paragraphs (f) and (g) relating to clean units and pollution control 

projects. The repeal of these provisions is consistent with the EPA’s repeal of these 

provisions as part of the major source permitting programs. 

Alaska revised paragraph (j) relating to application requirements for owner-requested 

limits to more specifically reference the paragraph in 18 AAC 50.508 relating to ownerrequested limits. Minor edits were also made to match changed numbering elsewhere 

in 18 AAC 50. 

Alaska revised paragraph (k) relating to applications for revising or rescinding terms 

and conditions to more specifically reference the paragraph in 18 AAC 18.508 that 

relates to revising or rescinding permit terms and conditions. Alaska also revised 

subparagraph (k)(3) to require the application to include the effect of revising or 

revoking the permit term or condition on any underlying ambient demonstration. 

Finally, Alaska added paragraph (l) that exempts a permit applicant from the 

requirement to demonstrate compliance with the one-hour NO2 standard in 18 AAC 

50.010(5)(B), unless the department finds that the emissions have a reasonable 

likelihood of causing or significantly contributing to ambient concentrations that 

exceed the one-hour NO2 standard, and makes a written request for a demonstration. 

Analysis 

The EPA is proposing to approve the revisions to18 AAC 50.540(c)(2) because they 

clarify the air quality analysis methods for demonstrating attainment or maintenance of 

the ambient air quality standards. We are also proposing to approve the NO2 exception 

in 50.540(l) because it only pertains to the content of the application and does not 

change the requirements for air quality analysis during the permit review process that 

continue to apply under 18 AAC 50.542(f). We are also proposing to approve the 

revisions to 18 AAC 50.540(d), (j), and (k) because they either clarify existing rule 

language or add requirements that will assist in the implementation of these provisions. 

18 AAC 50.542 Minor Permit: Review and Issuance
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Summary 

This provision has two administrative procedures for issuing source-specific minor 

permits – a fast track procedure and a procedure that has a full 30-day public comment 

period. 

Alaska revised this provision to exclude sources in certain areas from fast track 

procedures. Alaska added the Municipality of Anchorage, the City of Fairbanks, within 

Fort Wainwright, and within Eielson Air Force Base to the list of excluded areas. 

This section also contains criteria for approval and denial of minor permits. 

Importantly, ADEC is required to deny an application for a minor permit if ADEC 

determines construction or operation of the source would violate an emission limit in 

Alaska’s rules or a NAAQS. The rule contains additional criteria for approval and 

denial of minor permits for sources in certain locations (e.g., Port of Anchorage) and 

certain types of minor permits (e.g., PAL permit, owner-requested limit). 

Alaska revised subparagraph (c)(2)(A) by setting, for a new stationary source or 

modification, the PM2.5 concentration that, if modeled to be at or below that 

concentration, can be used to show compliance with the ambient standard. Alaska did 

not change the levels for PM10, SO2, and NO2 but there are minor wording changes to 

account for the change to the PM2.5 level. 

Alaska also added subparagraph (c)(2)(D) to allow, for a modification, a previous 

ambient analysis for that source to be used if it adequately characterizes the source 

before modification and if the sum of the highest ambient air concentration plus the 

previous background concentration plus the highest predicted concentration resulting 

from the increase is less than the ambient standard. 

Alaska also repealed subparagraph (f)(4), which relates to clean units, and 

subparagraph (f)(5), which relates to pollution control projects, and revised paragraph 

(g) to remove the references to clean unit and pollution control project. The repeal of 

these paragraphs and removal of these references is consistent with the EPA’s repeal of 

these provisions in the major new source review programs. 

Analysis 

The EPA is proposing to approve in paragraph (a) a revision excluding sources in the 

additional areas of the Municipality of Anchorage, the City of Fairbanks, Fort 

Wainwright, and Eielson Air Force Base from fast track procedures. In these areas, 

ADEC will provide a 30-day public comment period for sources regardless of whether 

a public comment period was requested. 

We are proposing to approve in subparagraph (c)(2)(A) the addition of a PM2.5

screening level (50 percent of the PM2.5 ambient air quality standard) for use in 

determining if the fast-track procedure in subparagraph (c)(2) is available for issuing a 

minor permit. We are proposing approval of this PM2.5 screening level because it is 

reasonable and appropriate to offer the fast-track procedure to sources that can show 

compliance with the NAAQS using a conservative approach. The screening level of 50 
22 of 29

percent of the PM2.5 standard is set well below the ambient air quality standard for 

PM2.5 and appropriately conservative for showing compliance. 

We are also proposing to approve in subparagraph (c)(2)(D) an alternative way to 

determine if the fast-track procedure in subparagraph (c)(2) is available for a 

modification. This provision provides for the computation of the sum of the highest 

concentrations from previous analysis, the previous background concentrations and the 

highest predicted ambient air concentrations. The fast-track procedure may be used 

only if the resulting value is less than the ambient air quality standard. We are 

proposing approval of this provision because it is an appropriately conservative 

approach that relies on the highest predicted concentrations for use in comparing to the 

ambient air quality standard and is appropriately conservative for showing compliance. 

Consistent with our 2007 action, we are proposing to approve the remaining portion of 

18 AAC 50.542, except that we are proposing to not approve subparagraph (b)(2) (72 

FR 45378). Subparagraph (b)(2) allows ADEC to require the owner/operator to submit 

their permit applications online. Alaska did not submit the appropriate documentation 

to allow the EPA to evaluate the approvability of Alaska’s Online System with respect 

to the EPA’s Cross-Media Electronic Reporting Rule (CROMERR). See 70 FR 59848 

(October 13, 2005). Therefore, we are proposing to not approve subparagraph (b)(2) 

that allows for electronic submissions. 

18 AAC 50.544 Minor Permits: Content 

Summary 

This provision sets forth what a minor permit must contain. 

Alaska added subparagraphs (a)(5), (a)(6), and (a)(7) to ensure that minor permits 

include standard permit conditions as applicable, conditions to protect ambient air 

quality, and conditions required under 40 CFR part 71 when a minor permit is added to 

a title V permit by administrative amendment under 18 AAC 50.542(e). 

Alaska revised subparagraph (c)(3) to ensure that permits contain requirements that the 

manufacturer’s or operator’s maintenance procedures be kept. 

Also, Alaska repealed paragraph (e) related to the pollution control project exclusion. 

The repeal of this provision is consistent with the EPA’s repeal of these provisions 

from the major new source review programs. 

In addition, Alaska revised paragraph (h) so owner-requested limits are no longer 

issued under letters of approval, but are instead issued in permits. 

Analysis 

The EPA is proposing to approve subparagraphs (a)(5) and (a)(6) because they 

correspond to the clarification in 18 AAC 50.345 that requires the standard permit 

conditions of that section to apply to minor permits. We are proposing to approve 

subparagraph (a)(7) because this provision establishes the process for accommodating 
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an owner or operator request to add the conditions of a minor permit to a title V permit 

and because this provision is not contrary to any CAA requirement. We are proposing 

to approve subparagraph (c)(3) and paragraph (h) as clarifications of the terms and 

conditions that are required to be included in a permit. 

18 AAC 50.546 Minor Permits: Revisions 

Summary 

This provision sets forth the procedures for revising minor permits. In general, the 

procedures for revising a minor permit are the same procedures that apply to initial 

issuance of a minor permit. 

Alaska revised paragraph (a) to specify that the department can initiate a minor permit 

revision. 

Analysis 

We are proposing to approve 18 AAC 50.546, except paragraph (b) which authorizes 

ADEC to revise “non-substantive elements of a minor permit without further 

administrative procedures.” As discussed in our August 14, 2007 (72 FR 45378), 

rulemaking, the EPA did not approve paragraph (b) because it does not adequately 

define the class of revisions that can be made without public review. For the same 

reason we are proposing to not approve paragraph (b) in this action. 

Article 7. Conformity 

Revisions to this article were submitted in the October 21, 2011, submittal. We are not 

addressing these revisions in this action. We intend to address these revisions in a 

separate action. 

Article 9. General Provisions 

18 AAC 50.990 Definitions

Summary and Analysis 

18 AAC 50.990 sets out definitions and also adopts by reference applicable definitions 

set forth in Federal rules. 

 Alaska repealed paragraph (21) “clean unit.” We are proposing to approve 

the removal of this term as consistent with the EPA’s repeal of the “clean 

unit” provisions from the EPA’s major NSR permitting requirements. 

 Alaska repealed paragraph (35) “expected annual arithmetic mean.” We are 

proposing to approve the removal of this term because this term was defined 

for purposes of the Federal annual PM10 NAAQS. This standard was 

revoked on October 17, 2006 (71 FR 61144), making the term “expected 

annual arithmetic mean” no longer necessary. 
24 of 29

 Alaska repealed paragraph (36) “expected number.” We are proposing to 

approve the removal of this term because this term was defined for purposes 

of the Federal one-hour ozone NAAQS. On August 3, 2005 (70 FR 44470), 

this standard was revoked making the term “expected number” no longer 

necessary. 

 Alaska revised paragraph (42) “good engineering practice stack height” to 

reference the requirements of 40 CFR 51.100(ii) as revised as of July 1, 

2007. The EPA has not revised this definition since July 1, 2007. We are 

therefore proposing to approve this updated adoption by reference because it 

is consistent with current EPA regulations. 

 Alaska revised paragraph (47) “impairment of visibility.” We are proposing 

to approve paragraph (47) as consistent with the Federal definition of this 

term in 40 CFR 51.301 and with our previous approval of 18 AAC 

50.260(q). 78 FR 10546 (February 14, 2013). 

 Alaska revised paragraph (59) “modification” or “modify” to mean the 

definition of modification in 42 USC 7411(a) (CAA, sec. 111(a)). This 

definition is approvable because it reflects the already-established Federal 

definition for this term. 

 Alaska revised paragraph (63) “nonroad engine” to have the meaning given 

in 40 CFR 89.2 as revised as of September 18, 2007. The EPA has not 

revised this definition since September 18, 2007. We are therefore 

proposing to approve this updated adoption by reference of the Federal 

definition because it is consistent with current EPA regulations. 

 Alaska repealed paragraph (77) “pollution control project.” We are 

proposing to approve the removal of this term consistent with the EPA’s 

repeal of the “pollution control project” provisions from the EPA’s major 

NSR permitting requirements. 

 Alaska revised paragraph (88) “reconstruct” and “reconstruction.” We are 

proposing to approve paragraph (88) as consistent with the Federal 

definition of this term in 40 CFR 51.301 and with our previous approval of 

18 AAC 50.260(q). (78 FR 10546, February 14, 2013). 

 Alaska revised the defined term in paragraph (91) from “regulated air 

pollution” to “regulated air pollutant.” We are proposing to approve this 

change because the term now correctly reflects the term “regulated air 

pollutant” that is established in Federal regulations at 40 CFR 51.165, 

51.166 and 52.21. 

Alaska revised paragraph (92) “regulated NSR pollutant” to have the meaning given in 

40 CFR 52.21(b)(50) adopted by reference in 50.040(h). We are proposing to approve 

this revision because it reflects the already established Federal definition for this term, 
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except that for the reasons given in the discussion of 18 AAC 50.040(i), we are 

deferring action on the revision to this definition as it relates to 18 AAC 50.040(i), 

which adopts by reference the Federal nonattainment NSR regulations at 40 CFR 

51.165. 

 Alaska revised paragraph (121) “volatile organic compound” to have the 

meaning given in 40 CFR 51.100(s) as revised as of July 1, 2009. We are 

proposing to approve this updated adoption by reference date. 

 Alaska added new definitions at paragraph (126) through (128) and (130) 

through (132) including “PAL,” “regional administrator,” “PM-2.5,” 

“transportation improvement plan,” “CO2 equivalent emissions,” and 

“greenhouse gases.” We have reviewed these definitions and they are 

approvable because they reflect the already-established Federal definitions 

for these terms at 40 CFR 51.165, 51.166 and 52.21. 

Alaska Statutes 

Summary and Analysis 

In addition to our review of regulatory changes to 18 AAC 50, we reviewed Alaska statutory 

provisions submitted as part of the January 28, 2013 submittal. Specifically, the submittal 

included portions of Alaska Statutes Chapters 44.46 “Department of Environmental 

Conservation;” 46.03 “Declaration of Policy;” and 46.14 “Air Quality Control.” Based on 

our review, these submitted statutes continue to provide Alaska with adequate legal authority 

to carry out the requirements of the Alaska SIP as set forth in sections 110 and 114 of the 

CAA and its implementing regulations, in particular 40 CFR 51.230. 

Certain aspects and provisions, however, merit further discussion. First, the EPA’s authority 

to approve SIPs extends to provisions related to attainment and maintenance of the NAAQS, 

and carrying out other specific requirements of section 110 of the CAA. Therefore, our 

review of the submitted statutory provisions is limited in that respect.   

Second, AS 46.14.540 “Authority of Department in Cases of Emergency” states that, under 

certain circumstances, the commissioner may waive procedural requirements of AS Chapter 

46.14 and issue an order to authorize emergency use of the emissions unit. This statutory 

provision authorizes ADEC to issue a variance to State regulations approved into the SIP 

without meeting state regulatory requirements for revising a regulation or permit and without 

a SIP revision. Section 110(i) of the CAA, however, specifically precludes states from 

changing the requirements of the SIP, except through SIP revisions approved by the EPA as 

provided in section 110 of the CAA and the implementing regulations at 40 CFR 51.100 to 

51.105. See 78 FR 12460, 12485-86 (Feb. 22, 2013). For these reasons, we are proposing to 

not approve AS 46.14.540 “Authority of Department in Cases of Emergency” into the SIP. 

Third, AS 46.14.560 “Unavoidable Malfunctions and Emergencies” provides an affirmative 

defense to an action for noncompliance with a technology-based emission standard for excess 

emissions “caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an 

emissions unit” when asserted under regulations adopted by ADEC under AS 
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46.14.140. This statutory provision is the basis for 18 AAC 50.240 “Excess Emissions.” 

Both the AS 46.14.560 and 18 AAC 50.240 are currently approved into the Alaska SIP. The 

current SIP submission includes a resubmission of AS 46.14.60 with two minor changes but 

does not include a resubmission of 18 AAC 50.240. On February 22, 2013, the EPA 

proposed a SIP call in which the EPA identified deficiencies in the startup, shutdown, and 

malfunction provisions of numerous states, including Alaska’s regulation 18 AAC 

50.240. 78 FR 12460 (proposed SSM SIP call). In light of the proposed SSM SIP call, we 

are not taking action on Alaska’s submission of AS 46.14.560 at this time, but we intend to 

take action on that submission at a later date. 

Fourth, AS 46.14.510(b) relates to maintenance of motor vehicle air pollution control 

equipment. We incorporated by reference AS 46.14.510(b) on November 18, 1998 (63 FR 

63983). We are removing the incorporation by reference of AS 46.14.510(b) because the 

provision is addressed by incorporation by reference elsewhere in the Federally-approved 

SIP (at 18 AAC 52.015(a), (b), 52.990(66)(B) and 52.100(d)(3)). 

In general, the EPA is not proposing to incorporate by reference the statutory provisions 

submitted by Alaska to avoid potential conflict with the EPA’s independent 

authorities. However, we are proposing to continue to incorporate by reference updated Sec. 

46.14.550 (63 FR 63983, November 18, 1998) and the definitions in updated Sec. 46.14.990 

where a definition in 18 AAC 50.990 states that it has the meaning given in Sec. 46.14.990 

and where it relates to attainment or maintenance of the NAAQS or other specific 

requirements of section 110 of the CAA. These incorporated by reference definitions are AS 

46.14.990 (4) “building, structure, facility, or installation,” (5) “commissioner,” (8) 

“department,” (15) “local air quality control program,” (16) “major modification,” (17) 

“major stationary source,” (18) “operating permit,” and (27) “tank vessel.” 

C. Proposed Action 

1. Provisions the EPA is Proposing to Approve and Incorporated by Reference 

Consistent with the discussion and analysis above, the EPA is proposing to approve into the 

SIP at 40 CFR part 52, subpart C, the Alaska laws and regulations listed in the table below. 

Note that in those instances where ADEC submitted multiple revisions to a single section of 

18 AAC 50, the most recent version of that section (based on state effective date) is proposed 

to be incorporated into the SIP as it supersedes all previous revisions. 

Table 2: Alaska Provision for Proposed Approval and Incorporation by Reference 

State 

Citation 

Title/Subject State 

Effective Date 

Explanation 

18 AAC 

50.010 

Ambient Air Quality 

Standards 

1/4/2013 Except (7) and (8). 

18 AAC 

50.015 

Air Quality Designations, 

Classifications, and Control 

Regions 

12/9/2010 
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18 AAC 

50.020 

Baseline Dates and Maximum 

Allowable Increases 

1/4/2013 

18 AAC 

50.035 

Documents, Procedures, and 

Methods Adopted by 

Reference 

1/4/2013 Except (a)(6) and 

(b)(4). 

18 AAC 

50.040 

Federal Standards Adopted by 

Reference 

1/4/2013 Except (a), (b), (c), 

(d), (e), (g), (h)(7), 

(h)(9), (h)(17), 

(h)(18), (h)(19), 

(h)(21), (i), (j), and 

(k). 

18 AAC 

50.050 

Incinerator Emission 

Standards 

7/25/2008 

18 AAC 

50.055 

Industrial Processes and FuelBurning Equipment 12/9/2010 Except (d)(2)(B). 

18 AAC 

50.215 

Ambient Air Quality Analysis 

Methods 

1/4/2013 Except (a)(4) and 

(d). 

18 AAC 

50.220 

Enforceable Test Methods 9/14/2012 Except (c)(1)(A), 

(B) (C), and (c)(2). 

18 AAC 

50.225 

Owner-Requested Limits 9/14/2012 

18 AAC 

50.302 

Construction Permits 9/14/2012 Except (a)(3). 

18 AAC 

50.306 

Prevention of Significant 

Deterioration (PSD) Permits 

1/4/2013 

18 AAC 

50.345 

Construction, Minor and 

Operating Permits: Standard 

Permit Conditions 

9/14/2012 Except (b), (c)(3), 

and (l). 

18 AAC 

50.400 

Permit Administration Fees 9/14/2012 Except (a), (b), (c), 

(d), (f), (j)(1) 

through (j)(18), 

(j)(21) through 

(j)(23), and (k). 

18 AAC 

50.502 

Minor Permits for Air Quality 

Protection 

1/4/2013 

18 AAC 

50.508 

Minor Permits Requested by 

the Owner or Operator 

12/9/2010 

18 AAC 

50.510 

Minor Permit: 18 AAC 

50.510 Minor Permit – Title 

V Permit Interface 

12/9/2010 

18 AAC 

50.540 

Minor Permit: Application 1/4/2013 

18 AAC 

50.542 

Minor Permit: Review and 

Issuance 

1/4/2013 Except (b)(2). 

18 AAC 

50.544 

Minor Permits: Content 12/9/2010 
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18 AAC 

50.546 

Minor Permits: Revisions 7/15/2008 Except (b). 

18 AAC 

50.990 

Definitions 9/14/2012 Except (92) as it 

relates to 18 AAC 

50.040(i). 

AS 

46.14.550 

Responsibilities of Owner and 

Operator; Agent for Service 

1/4/2013 

AS 

46.14.990 

Definitions 1/4/2013 Except (1)-(3), (6), 

(7), (9)-(14), (19)-

(26), and (28). 

As discussed above, EPA proposes to find that the statutes submitted by ADEC in its SIP 

revisions, with the exceptions discussed above, continue to provide Alaska with adequate 

legal authority to carry out the requirements of the Alaska SIP. In general, the EPA is not 

proposing to incorporate by reference the statutory provisions submitted by Alaska to avoid 

potential conflict with the EPA’s independent authorities. 

2. Provisions the EPA is Proposing to Not Approve 

The EPA is proposing to not approve the following provisions for the reasons discussed 

above: 

 18 AAC 50.010 “Ambient Air Quality Standards,” paragraphs (7) and (8). 

 18 AAC 50.030 “State Air Quality Control Plan.” 

 18 AAC 50.035 “Documents, Procedures, and Methods Adopted by Reference,” 

subparagraphs (a)(6) and (b)(4). 

 18 AAC 50.040 “Federal Standards Adopted by Reference,” paragraphs (a), (b), (c), 

(d), (e), (g), (j) and (k), and subparagraph (h)(21). 

 18 AAC 50.055 “Industrial Processes and Fuel-Burning Equipment,” subparagraph 

(d)(2)(B). 

 18 AAC 50.215 “Ambient Air Quality Analysis Methods,” subparagraph (a)(4). 

 18 AAC 50.220 “Enforceable Test Methods,” subparagraph (c)(2). 

 18 AAC 50.326 “Title V Operating Permits,” paragraph (e). 

 18 AAC 50.345 “Construction and Operating Permits: Standard Permit Conditions,” 

paragraph (l). 

 18 AAC 50.346 “Construction and operating permits: other permit conditions,” 

subparagraphs (a), (b) and (c). 

 18 AAC 50.400 “Permit Administration Fees,” paragraph (a). 

 18 AAC 50.542 “Minor Permit: Review and Issuance,” subparagraph (b)(2). 

 18 AAC 50.546 “Minor Permits: Revisions,” paragraph (b). 

 AS 46.14.540 “Authority of Department in Cases of Emergency.” 

 

3. Provisions the EPA is Removing from the SIP or from Incorporation by Reference 

Under the authority of CAA section 110(k)(6), the EPA is removing the following provisions 

from the SIP because they implement other requirements of the CAA and the State has not 
29 of 29

relied on these provisions to demonstrate attainment or maintenance of the NAAQS or to 

meet other specific requirements of section 110 of the CAA: 18 AAC 50.220(c)(1)(A), (B), 

(C) and 18 AAC 50.302(a)(3). 

The EPA is also removing 46.14.510(b), which was incorporated by reference on November 

18, 1998 (63 FR 63983). The provision is addressed by incorporation by reference elsewhere 

in the Federally-approved SIP. 

4. Provisions the EPA is Taking No Action On 

As detailed above, the EPA is taking no action on the following Alaska provisions. We 

intend to address these changes in a separate action. 

 18 AAC 50.040 “Federal Standards Adopted by Reference” paragraph (i) (adoption 

by reference of Federal nonattainment NSR regulations at 40 CFR 51.165). 

 18 AAC 50 Article 7 “Conformity.” 

 AS 46.14.560 “Unavoidable Malfunctions and Emergencies.”